NORTH CAROLINA GENERAL ASSEMBLY

1971 SESSION

 

 

CHAPTER 371

SENATE BILL 481

 

 

AN ACT TO AMEND ARTICLE 16 OF CHAPTER 130 OF THE GENERAL STATUTES RELATING TO THE REGULATION OF THE MANUFACTURE OF BEDDING.

 

The General Assembly of North Carolina do enact:

 

Section 1.  The third paragraph of G.S. 130-173 is hereby amended by inserting in line one following the word "State", the words "or to be sold in this State" so that the third paragraph of G.S. 130-173, as amended, will read as follows:

"All materials used in the manufacture of bedding in this State or to be sold in this State shall be free of toxic materials and shall be reasonably clean and free from other trash, oil, grease, or other extraneous matter. No material known as "sweeps" or "oily sweeps" may be used unless washed by a process approved by the State Health Director."

Sec. 2.  The fifth paragraph of G.S. 130-173 is hereby amended by inserting the words "listed in the order of their predominance;" immediately following the word "bedding" in subdivision (1), and by striking subdivision (2) in its entirety and respectively renumbering subdivision (3) as subdivision (2) and renumbering subdivision (4) as subdivision (3), so that the fifth paragraph, as amended, will read as follows:

"Upon said tag shall be plainly stamped or printed with ink in English:

(1)        The name and kind of material or materials used to fill such bedding listed in the order of their predominance;

(2)        A registration number designated by the State Health Director;

(3)        In letters at least one-eighth inch high the words 'made of new material,' if such bedding contains no previously used material; or the words 'made of previously used materials,' if such bedding contains any previously used material; or the word 'secondhand' on any bedding which has been used but not remade."

Sec. 3.  The second paragraph of G.S. 130-176 is hereby amended by inserting the words "or manufacture bedding to be sold in this State" in line 8 immediately following the word "State" so that the third sentence of the second paragraph of G.S. 130-176, as amended, will read as follows:

"For the purpose of defraying expenses incurred in the enforcement of the provisions of this Article, the following license fees are to be paid to the State Board of Health, deposited in the "bedding law fund," and expended in accordance with the provisions of G.S. 130-177. No person shall sanitize any bedding, as required by this Article, unless he is exempted by other provisions of this Article, until he has secured a "sanitizer's license" from the State Board of Health upon the payment of twenty-five dollars ($25.00) for each calendar year. No person shall manufacture any bedding in this State or manufacture bedding to be sold in this State unless he is exempted by other provisions of this Article, until he has secured a "manufacturer's license" from the State Board of Health upon the payment of twenty-five dollars ($25.00) for each calendar year."

Sec. 4.  The first paragraph of G.S. 130-177 is hereby amended by striking the words and figures "twelve dollars ($12.00)" in line five and inserting in lieu thereof the words and figures "eighteen dollars ($18.00)" so that the first paragraph of G.S. 130-177, as amended, will read as follows:

"§ 130-177.  Enforcement funds. — The State Board of Health is hereby charged with the administration and enforcement of this Article, and the Board shall provide specially designated adhesive stamps for use under the provisions of this Article. Upon request the Board shall furnish no less than five hundred such stamps to any person paying in advance eighteen dollars ($18.00) per five hundred stamps."

Sec. 5.  G.S. 130-177 is further amended by striking the second paragraph and inserting in lieu thereof the following:

"Any person who manufactures bedding in North Carolina or any person who manufactures bedding to be sold in North Carolina may, in lieu of purchasing and affixing the adhesive stamps provided for by this Article, annually secure from the State Board of Health a 'Stamp Exemption Permit' upon compliance with the provisions of this Section and the rules and regulations of the State Board of Health. The holder of a stamp exemption permit shall not be required to purchase or affix adhesive stamps to bedding manufactured or sold in North Carolina, but the North Carolina stamp exemption number must appear on the law label. The cost of a stamp exemption permit is to be determined annually by the total number of bedding units manufactured or sold in North Carolina by the applicant during the calendar year immediately preceding the issuance of the permit, at the rate of eighteen dollars ($18.00) for each five hundred (500) bedding units or fraction thereof. A maximum charge of seven hundred fifty dollars ($750.00) shall be made for units of bedding manufactured in North Carolina but not sold in North Carolina.

For the purpose of computing the cost of 'Stamp Exemption Permits' only, the following definitions shall apply:

1 mattress is defined as 1 bedding unit

1 upholstered spring is defined as 1 bedding unit

5 comforters are defined as 1 bedding unit

5 pillows are defined as 1 bedding unit

Other items defined as bedding in Section 130-171 are each defined as 1 bedding unit."

Sec. 6.  The fourth paragraph of G.S. 130-177 is hereby amended by striking the word "items" in line five thereof immediately following the word "bedding" and inserting in lieu thereof the word "units".

Sec. 7.  The fifth paragraph of G.S. 130-177 is hereby amended by striking from line five immediately following the word "bedding", the word "items" and inserting in lieu thereof the word "units".

Sec. 8.  The second paragraph of G.S. 130-178 is hereby amended by inserting the words "within the State" in line one immediately following the word "place" so that the second paragraph reads as follows:

"Every place within the State where bedding is made, remade, renovated, or sold, or where material which is to be used in the manufacture of bedding is mixed, worked, or stored, shall be inspected by duly authorized representatives of the State Board of Health."

Sec. 9.  The first paragraph of G.S. 130-179 is hereby amended by striking the word "mattresses" following the word "of" in line five and inserting in lieu thereof the word "bedding".

Sec. 10.  This act shall become effective January 1, 1972.

In the General Assembly read three times and ratified, this the 12th day of May, 1971.